Opinion
2:22-cv-0937 DAD DB
03-20-2023
TORREY HALL, Plaintiff, v. TARGET CORPORATION, Defendant.
ORDER
DEBORAH BARNES, UNITED STATES MAGISTRATE JUDGE
On February 3, 2023, defendant Target Corporation filed a motion to compel compliance with a subpoena served on non-party Alameda Health System. (ECF No. 8.) Defendant's motion was improperly noticed for hearing before the assigned District Judge. (ECF No. 9.) Accordingly, on February 17, 2023, defendant filed an amended noticed of motion for hearing before the undersigned on March 24, 2023, pursuant to Local Rule 302(c)(1).(ECF No. 10.)
Defendant's amended notice states that defendant “submits this motion for decision without oral argument.” (ECF No. 10 at 2.) Defendant shall omit such statements in future filings before the undersigned to avoid confusion. All motions noticed for hearing before the undersigned shall be heard on the date noticed unless otherwise ordered by the undersigned.
Defendant's filing, however, does not reflect service of the amended notice of motion on the non-party. (Id. at 2.) Moreover, it appears that defendant's meet and confer efforts may have consisted of a letter sent on December 5, 2022. (ECF No. 8-2 at 2.) Although meeting and conferring may be impossible if the opposing side refuses to do so, the undersigned would expect more than a single letter sent two months prior to filing the notice of motion to support that conclusion.
In order to ensure full compliance with the meet and confer requirement defendant should consult the Local Rules and the undersigned's Standard Information re discovery disputes found on to the court's web page at http://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states-magistrate-judge-deborah-barnes-db.
Accordingly, IT IS HEREBY ORDERED that:
1. The March 24, 2023 hearing of defendant's motion to compel (ECF No. 8) is continued to Friday, May 12, 2023, at 10:00 a.m., at the United States District Court, 501 I Street, Sacramento, California, in Courtroom No. 27, before the undersigned; 2. Within fourteen days of the date of this order defendant shall attempt additional meet and confer efforts; and 3. Within fourteen days of the date of this order defendant shall file proof of service of the amended notice of motion to compel and this order on non-party Alameda Health Systems.